this is "cnn tonight". i'm don lemon. anticipation building over what's next in the mueller investigation in the wake of the special counsel's memo regarding michael flynn. his recommended flynn serve no prison time due to what they called substantial assistance. provided by president trumps former national security

adviser. it is impossible to know what flynn has disclosed, but the special counsel's office called it valuable firsthand information in the investigation into russian interference in the 2016 election. flynn is one of seven people who pleaded guilty in that investigation. and we'll learn more about another one of them, paul manafort on friday in a new court filing from the special is expected to shed more some more light on what the former trump campaign manager did to breach his plea agreement. lots to talk about. anne milgram is here, josh campbell and steve hall. steve joins us via skype. thank you all for joining us here. anne, i'm going to start with you. when you look at the special counsel's filing on michael flynn, is collusion still on the table despite everything we have heard from this white house? >> absolutely. look, we've been hearing for months now that the president and others have said there's no collusion. i think that's their response to everything. the flynn filing is telling for

a couple of reasons. one it talks specifically about the russia investigation. it talks about his assistance in other investigations, not one but multiple. and finally 19 meetings, that's a lot of meetings. he's got information on something important related to russia. you just don't sit as a former and state prosecutor, you would not sit with the somebody 19 times unless there's a lot there to learn and get no time. >> so the president likes to say no collusion. at one point he switched from, well if it was even collusion, what's not a crime. but what are we talking about? we're really talking about conspiracy, right? >> exactly. >> conspiracy is a crime. collusion is the shorthand because they could be conspiring to be guilty of this crime, it could relate to the president doesn't have to have help to hack the actual e-mails that the russian government was involved in hacking. it could be related to the timing of the release of e-mails, coordination with the presidential campaign. there's so many different ways and so people started to

shorthand it with collusion, but it basically means conspiring with somebody to do something. >> josh, we can't forget that president trump recently fired jeff sessions put in the acting ag matthew whitaker who democrats see as a stooge. what's going on inside the justice department with whitaker as it investigation just chugs along? >> you hit on it. obviously he was the subject of a lot of reporting we were doing. this baggage he brings to the office of the acting attorney general and that is his past comments on the investigation being highly critical of mueller. i think that and this may be possibly a positive sign that the more mueller is able to do his work, the more we see filings and documents, the more we see enforcement actions tells us that whitaker isn't necessarily trying to impede his work because presumably as the person overseeing this, he would have to approve or at least know what's going on as mueller moves forward. i suspect that part of that is because a lot of attention that was paid to his past making a lot of these statements known to the public essentially kind of

boxing him in, if he was brought in to take the legs out from under mueller, now there's the giant spotlight on that. i think the last part, don, is with this new democrat house majority coming in he also fellows any action he takes to impede mueller's work is going to be subject to further investigation by house democrats. we're not out of the woods yet but i see this as a positive sign the more mueller is able to do his work. >> steve, despite redactions, mueller does reveal flynn was helpful in talking about links between the campaign and then the transition team and then the russian government. what was russia's end game here? >> well, don, i think russia right now if anything is gnashing their teeth which is how close they came to a hair-raising possibility. from the moment flynn lied about what he talked to with the russians, the russians knew that which immediately gives them leverage over flynn.

that kind of leverage for somebody who is going to be the national security adviser to the united states of america inside the white house discussing not only the highest classification of information but also the plans and intensions of the u.s. government to have a spy, to have somebody they hold leverage over who is obliged to report back to them unless he wants his career to end, that's the stuff movies are made of. it's phenomenal for them to have that kind you have spy inside the white house, which if this had continued it's possible that's what the outcome could have been. again, it raises hairs on the back of my neck from a counter intelligence perspectiving. > trump defended judge napolitan know says she expects don junior to be indicted. we fixed it to clarify what he said about jared curb mer and kushner and jerome corsi. >> the president himself should be extremely uncomfortable about this, mot for his son or son-in-law as much as for himself.

>> so do you think that any of trump's inner circle is now going to get indicted? >> yes. i don't know who but i do know that will donald junior has told friends he expects to be indicted. >> do you expect he would be indicted? >> yes. >> and what about jared kushner? >> i don't know been jared kushner. i think corsi is going to be indicted. i don't know about roger stone. of course, he's been advertising all over the place. >> basically begging for an indictment. >> expects don junior, he's not sure about jared kushner or roger stone and you know, what he said about jerome corsi. do you agree? >> i think there's a few things worth pointing out. don junior has apparently as has been publicly reported been telling people he expects to be indicted. it's been reported he testified before congress and also gave statements to the fbi. we just saw michael cohen plead guilty for lying about the trump tower in moscow. it is all together possible that donald trump injury gave statements to the fbi that were false and as related to the

trump tower meeting with the russian lawyer or as to other things. so i think it's very possible that there could be a false statement case brought against him. as for kushner, kushner is an important piece of the michael flynn arrangement. we don't know whether kushner exactly what his liability may be. but there is something that happened early on before flynn pled guilty. they interviewed mueller team interviewed kushner for literally an hour. they did that to lock him down what will flynn was telling them. i've always been curious as to they did that very limited interview which probably meant that they had more to ask him but they just wanted to see what he would say about what will flynn was telling them before they pled flynn out. there's more story for jared kushner. i don't know what it is. we're all on the outside. there are little breadcrumbs we're following and by the way, i agree completely on jerome corsi. there's no question that he was probably brought in and told look, here's what we're going to charge you with. you can plead guilty and cooperate.

i don't think that will be a surprise. >> they will really are playing three-dimensional chess here, right? josh, we learned that flynn provided "documents and communications." to the special counsel. are we will essentially being told he provided corroborating evidence? >> so we don't get no because again, this is so opaque. you look at the redactions and all the things that mueller is doing we don't know. i will tell new order for the government to actually agree to plea dealing or let someone cooperate they have to bring something to the table. it can't be them coming and tell you something you already know. they have to have some kind of utility. a lot of times do you have corroborating information, do you have e-mails, any type of evidence that we can use and not for nothing, that also includes evidence moving forward. we will know he was as part of this arrangement one of the stipulations that possibly wearing a wire and all the things you would do with a person now working for the government. again, whether that was able to lock in corroborating

information in order to go after additional subjects weigh don't know. but we do know reading the tea leaves he is of great utility to the government as indicated in that filing yesterday. >> if you look at everything they said he did wrong, like he lied and everything he's accused of doing lies and the sentence that he could have gotten, they say -- just think about that one. steve, so you look at this from a counter intel point of view. a lot of people are wondering how a man with flynn's background could have a fall from grace like this one. how does this happen? >> it's an excellent question. there's a theme that's been emerging a lint that i've read and seen a little bit about how maybe the fact that michael flynn was a former military officer, former general officer, all of a sudden he had you know, a moment of conscience and that's what he's being rewarded for. in my experience, integrity is not something that just sort of deserts you.

you either have it or you don't. i think the course of his career will show yes, there were good things did he but there was an integrate problem all along. he had real problems at dia. at the end of the day, he should know so much better than having these types of dealings with the russians. to say there was something to do with his loyalty as an american soldier denigrates other american military officers and indeed the u.s. military overall. he's doing this not because he remembered he was a loyal american who once served this country. he's doing it because he wants to keep from going to jail and wants to spare his family. that's a lack of integrity. >> you hit the nail on head there. it says as much in the indictment in this memo he should have known better. but just real quickly, he was a conspiracy theorist before this. >> you know, i think people who deal with russia and people dealing in counter intelligence matters both of which he did, you sometimes you're drawn to the darkside because there are a lot of conspiracies out there.

but again, somebody who is a generalable in military intelligence should definitely know better and be able to make the distinction between what is a real threat, what is a real possibility and what is just malarky. again, the integrity issues strikes me. >> steve. >> i don't think we can lose sight of don, quickly, if you look at his statements mike the flynn, this is someone who is called for the extra judicial imprisonment of one of his political opponents talking about secretary clinton. i don't think it can be lost on any of us what bob mueller is saying look, this is how the rule of law, would in america. this is what is prosecutorial discretion looks like and what fairness looks like. it's a striking comparison when you see what's been pedaled. and the conspiracies. >> he led the lock her up chant. a lot of the folks are now saying lack him up. >> president trump came face-to-face with all the living former presidents at the state funeral today for george h.w. bush. the moment was just about as awkward as you'd expect.

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talk to your doctor about chantix. president george h.w. bush is home tonight. his body will lie in reposeness houston, ahead of his burial tomorrow. world sliders and every living president and first lady bid good-bye to the 41st president at his state funeral in washington earlier today. it was also the first time that president trump came face-to-face with his predecessors is since his inauguration. there were some moments that struck a lot of people as awkward. sally quinn is here as well as tim neftali. thank you for joining us, both of you. tim, i watched you today. you were fantastic. thank you so much for the tone you struck and just what you said about the former president and his family. you know, it was the moment a lot of people, tim, were waiting to see. who do you think was more uncomfortable, the president or the other former presidents and first ladies? >> well, from body language, i

thought that. >> the audience at home but go on. >> yeah, well, hillary clinton, she was looking straight ahead. so if donald trump had even attempted to reach over to her, i'm not sure what she would have done. but donald trump did not reach over to shake bill clinton's hand and bill clinton looked like he was ready to shake donald trump's hand. so i'd say it's a tie between donald trump and hillary clinton. >> hmm. interesting. so sally, i want to point out this strange moment. so the president entered the national cathedral with his coat on. handed it over to a uniformed soldier. listen, i don't know how big a deal it is. it just struck me as awkward. why did he do it. >> what was he doing with his coat on? he came in a limo. he should have left the coat in the limo. he obviously has a staff. and the staff tells him what to do then he goes rogue.

i can't imagine somebody didn't say. didn't say you know, you want to leave your coat in the car, sir. then he sort of took it off and it was like tossing it to the coat lady. this poor guy standing there clearly having no idea what to do. it was just a very awkward moment. i thought the whole front row was awkward. it was just cringe making to watch all of them together and know all the intrigues and ins and outs and the drama between all of them, you know, hilary hardly spoke to jimmy carter. i didn't see her speak to jimmy carter. she clearly didn't want to speak to donald trump. you know, there's a lot of tension between the obamas and the clintons. although they were yucking it up a little bit. then when trump came in. >> the entire -- the entire mood changed. i got a lot to cover. let me ask you about this. i just point out this moment, at

possals creed being recited. president trump and the first lady not reading. everyone had the thing in their happened but they're not. what was that about? >> well, it's odd because you know, he is this supposed religious person who has a spiritual adviser paul lal white and he had them speak, pray at his inauguration and he has all these evangelicals around. i thought that was bizarre that he didn't even try to read it. it was as though he was not part of the ceremony. but don, what i wanted to say was, you know, trump has made a point of making everyone else feel like an outsider or the other. you know, he's denigrated blacks and women and jews and gays and muslims and mexicans and the disabled. and i had the sense today that he was the other in that room because there's no one in that room who hasn't been touched in

some way by his anger and his criticism. i think he felt it. i think he was the most uncomfortable person there because he felt like he didn't belong. >> do you agree with that, tim? >> well, listen, i agree that he has presented himself as the anti-president. i was struck in his inaugural address that he didn't refer to any previous president as if he was the first and only president of the united states. and in his speeches ever since, he rarely talks about our history in anything but critical terms. he's basically said to every other president in that will pew, you're terrible. you have failed america. we have lost because of you. so he's never attempted to pretend to be part of a club because he doesn't respect the other presidents. so from the very get-go, he's never wanted to be part of a president's club. and it showed today. >> tim, i think what one of the things you're saying is he doesn't respect the presidency. >> yes.

>> and there's a difference between being the president and being presidential. right? and i think that will the former presidents and first ladies respected the office of the presidency today but not necessarily the president. and that is why i said to chris, i don't think i would have shook his hand. go on, tim. >> that is why george herbert walker bush wanted donald trump at the funeral. because he respects -- respected the office of the president. you know, there are people in that pew who do not as sally mentioned, there are president who's do not get along. jimmy carter and bill clinton do not like each other but they would shake hands forsake of the office of the presidency. and that's the difference with donald trump. donald trump doesn't believe he owes it to the office of the presidency to act in any way that doesn't please him. >> i got to play this because i think that was a -- this was a

touching moment and i loved hair friendship when president george h.w. bush greeted michelle obama, hand her a candy, very warm relationship they had. it was at the dedication of the smithsonian museum of african-american history. look at that. and also at the funeral of john mccain when they were sitting there and passing candy and talking. this transcends partisanship. >> the thing about it is, don, that you're absolutely right. it does transcend partisanship. but donald trump is not part of any group. he's not a democrat. he's not a republican. he doesn't respect the other people who were there. and they don't respect him. and i think that it was just palpable in that pew that they didn't really want to have anything to do with him.

>> can you blame them? >> no, you know, but it was hard. and i think that george bush, i think george bush invited him because he was a graceful man and he was open-hearted. and i think that it was the right thing to do because i'll tell you why. >> maybe in his wisdom. hold on. i think maybe in his wisdom, he realized that maybe this president would sit there and realize the gravity of the office and that he is part of a club that will most people don't get to be a part of. and that it's the presidency of the united states of america, and maybe he should conduct himself as such. go on, sal little. >> what i was going to say is that i think that by inviting him, it made it will not about him. if he had not been invited, he would have been at the white house tweeting away. and he would have been a distraction and it would have been a diversion. and by including him, he couldn't do that. he had to be part of it. and i think that that was a wise

thing. i also think that it was impossible even though -- the mccain funeral was a gigantic rant against trump but i think this was not. nobody did this on purpose. but you couldn't help but make the comparison when everybody kept saying this is the most honest person, the most decent person, the most loyal, the most loving. > everything they said was trump was not. >> but you know they would have said the same things about george herbert walker bush if hillary was president or obama was president. we're in this weird time. >> it was a stark contrast. tim, this is a former vice president biden. he was at the funeral. tonight he is out speaking about hate in america. some pretty strong stuff. watch this. >> we are in a battle for the soul of this nation. we have to recognize trend lines are moving in the wrong direction. earlier this year, the anti-defamation league published a report of anti-semitic

incidents had rose nearly 60% alone in 2017. the largest one-year increase since they started keeping records in 1970. that's not an accident. it's not an accident. our leadership is giving license, giving license to this prejudice. >> listen, tim, it's pretty clear who he's talking about. he said our leadership. >> lease no doubt. listen, look at the behavior of the saudis. look at the behavior of the russians. we are sending a signal to the world we don't care about human rights. we are -- our president doesn't understand the power of his words and of his conduct. we are sending a signal that is absolutely contradictory to the american creed that john meech cham talked about in his eulogy today. >> thank you both. i appreciate your time.

republicans trying to curb the power of incoming democratic governors in michigan and wisconsin. an investigation into election fraud in north carolina. and the north carolina race that may have helped the republican win. what happened to playing by the rules? stop fearing your alarm clock... with zzzquil pure zzzs. a drug-free blend of botanicals with melatonin that supports your natural sleep cycle so you can seize the morning.

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we're working to make things simple, easy and awesome. elections have consequences. or they're supposed to at least. but what happens when the people who are voted out don't want to accept those consequences? i'm going to start with wisconsin where the republican-held state legislature has now passed a series of measures aimed at tying the hands of the incoming democratic governor and attorney general. it looks like lame duck republican governor scott walker will sign that legislation. protesters have made their way to the state house and last night democratic governor effect tom evers told me how he sees it. >> we won fair and square. we won on the issues. we won fully knowing what i'm about and what scott walker is about. and i see this as essentially a republican majority trying to

repudiate and turn back the clock and turn back the clock. that's just not going to happen. we're working hard to make sure it doesn't happen but it's something that i think is an embarrassment for the state of wisconsin. >> that is wisconsin. republicans in michigan are trying the same thing. using a lame duck session to rewrite the rules for incoming democratic leaders. democratic governor effect gretchen whitmer along with the democratic secretary of state and attorney general all won last month making it the first time in 30 years that democrats would hold all three top positions in the state but the gop-controlled legislature is working on measures to strip the newly elected democrats of their power and even pass legislation the opposite of what the democrats campaigned on and won on. and then there's north carolina. envelope that state, there are lots of signs pointing to election fraud. in the 9th congressional district, a race that a

republican won by 905 votes. well, vote in other words the district have submitted signed affidavits saying people came to their houses promised to deliver their ballots for counting or even fill them out for them. that's illegal. there are also people claiming on camera that they collected ballots from voters not knowing what happened, what happened to them next. also illegal. so here's what one of those people told our affiliate wsoc. >> like i said, i i don't know what happened after i dropped them off. >> you don't know the for certainty whether they were sent to the elections office. >> no, i don't. no. i don't. >> again, totally illegal. that woman says that she was paid by a republican operative mckorea dowless, well-known for the wrong reasons in north carolina in political circles. dowless has a history of being accused of improper voter activity in the district.

one of those sworn affidavits says he claimed he would receive a $40,000 bonus from the republican campaign if the republican won. well the republican did win. but the north carolina state board of elections and ethics, they voted last week against certifying those results. the allegations are now part of a criminal investigation and if the elections board finds truth to any of the allegations of election fraud, there could be a new and fair election. and this is new tonight. cnn is reporting that authorities are investigating an allegation that moral than a thousand absentee ballots from likely democratic vote in other words north carolina were destroyed. let's discuss now. david swerd lick is here is, also andy serwer. also anna sorenson. listen, this is -- pardon me pore that, adam. this is outrageous. we always talk about election fraud, this administration

always talking about election fraud and here we have in north carolina election fraud possibly happening. and it is done bill the republicans. david, what on earth is going on? >> so don, you have a small problem and a larger problem. the small problem is as you just laid out, in an election where it's won by the republican by 905 votes, and if as the reporting suggests there may be a thousand people whose ballots were tossed out or never turned in, do the math. that col have made the difference in the election. if you go one step further from some of the other reporting if there's a disproportionate number of people of color, african-americans and indians among the ballots tossed out, then you have a situation where the election fraud was targeted in a racial way. they're still investigating this. but it suggests that one, there may be this illegal activity but

bigger picture, this dale that in this case, republicans rather than looking at a loss and saying we're going to try and reap out and win voters of color, their response is to go to voters and say we're just going to toll your votes away because we don't think you're citizens whose votes should count. >> on top of that, you've got michigan and wisconsin. it is really outrageous. adam, republicans including the president loudly accuse democrats of voter fraud, multiple races in 2018, even in 2016. do they need to take a look in the mirror? >> well, i mean, yes but not necessarily just because of this. i think what we're seeing in michigan and wisconsin in particular is an outgrowth of the widespread belief in the republican party that are democratic political victories simply aren't legitimate. they believe that democrats cheat or that the constituencies that support democrats are not legitimate constituencies because they're manipulated. you know, you frequently hear

republicans talk about black democrats being on a, quote unquote, plantation. this sort of retro active little justifies attempts to disenfranchise them in their minds. and in north carolina, we're seeing an extreme case where a lot of elderly black democratic leaning voters were targeted essentially so their votes would be destroyed. and i think the only way you can engage -- that's obviously very extreme, that's not happening everywhere but it is related to there larger belief that you know, the constituencies that vote for democrats are not legitimate and therefore, democratic political victories are not legitimate. and saying that it's illegal immigrants or there's voter fraud in black neighborhoods is just a way of justifying to yourself that belief in a way that makes you -- makes -- allows you to believe it is not racist to say that. >> it makes you a hypocrite is what it is. it's complete hypocrisy. and trying to fix it in your mind that what you're doing is right.

if we stick to david of wisconsin and michigan, what happened to the peaceful transfer of power and the belief in the constitution and the ultimate right to vote and ha every vote counts in this country? don't republicans, isn't that their mantra? >> in theory and if you're going to have a peaceful transfer of power, you've got to have some power to transfer. and what you have here is a situation where democrats in wisconsin -- excuse me, republicans lost elections state bide in wisconsin and michigan. but instead of transferring power, they're taking power away from those incoming administrations. it effectively undermines democracy. i can just want to read one quote, don, from the republican head of the state assembly in wisconsin. he said, his guy's name is robin voss. we're going to have a liberal governor who is going to enact liberal policies. >> we played that sound bite last night. >> the response to that is yes, that's who won the election. if you don't like that, then go

out and win the next election. >> adam, isn't that in a sense, aren't they the deep state then? isn't that the definition after deep state? >> i would say that the blueprint here i think is -- and this is obviously less extreme than what has happened in the past but the blueprint for this is the redemption governments after reconstruction wilrewrote their state constitutions and passed laws in order to specifically disenfranchise black voters and stripped them of their power. in this case, it's not as extreme but they are some of the laws they're passing are targeting voting, wisconsin, for example, restricted early voting. significantly. i mean, what they're doing, it's one thing to say a chief executive should not have certain powers. it's another thing to say the chief executive should only have certain powers when they belong to my party and that is simply undermining democracy. >> it's not as extreme but just as blatant. thank you both. i appreciate it. we'll be right back.

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tonight, 13 business entities within the trump organization have been served subpoenas in an ongoing lawsuit challenging president trump's interest in the trump international hotel in washington, d.c. the luxury property three blocks from the white house open the shortly before donald trump's election in 2016. the lawsuit's been filed by attorneys general of the district of columbia and maryland who claim the president's in violation of the constitution's ban on emoluments or payments from foreign governments. in other words, the lawsuit claims that through his stake in the hotel, the president's profiting from his foreign, from, foreign governments. trump international has become a favorite gathering spot for lobbyists and others interested in doing business with the trump administration. the suit claims that that puts other hotels and businesses at a disadvantage.

"the washington post" reporting tonight that shortly after trump's election, lobbyists representing the government of saudi arabia, paid for an estimated 500 nights at the trump international over a three-month period as a cost of $270,000. it was part of a campaign offering u.s. military veterans a free trip to washington. many vets tell "the post" they didn't know the saudis picked up the tab. i want to bring in the attorney general for maryland, one of the two ags who filed that lawsuit. he joins me now. good evening, sir. thank you for joining us. what exactly are you requesting and hope to get from these subpoenas? >> well, don, we're going to prove what will everybody who watches cnn already knows and that is that donald trump is getting payments from foreign governments from the united states and states of the united states in violation of our nation's original anti-corruption law, and the emoluments clauses of the u.s. constitution. these subpoenas will yield the

information about how much has been paid by the saudi government, from other foreign governments, from departments of our united states government to donald trump through the trump post office hotel. >> interesting. so in addition to hosting events bill foreign governments from around the world, "the washington post" has now reporting out today that saudi funded lobbyists booked blocks of rooms at trump's hotel, spending over $250,000 in the process. one of the lobbyists involved denies that it had anything to do with currying favor with the president but are stories like that an example of why you're pursuing this emoluments suit? >> yeah, absolutely. i mean, we don't have to prove that this was an outright bribe. the constitution has just a very complete ban on the president receiving payments from foreign governments. and we know that he receives payments on a regular basis, not only from saudi arabia but from china, india, afghanistan,

qatar, and many other foreign countries. and we also mo that the united states government has spent a lot of money at his hotels and his resorts for the secret service and for other u.s. government employees and he is prohibited from receiving any payments from the united states government other than his salary. >> brian, do you have any evidence that foreign government who's might spends lavishly on a trump property, they try to influence u.s. policy? >> well, again, we don't have to problem that to prove he's violating the emoluments clauses. but look, look at what has happened with the murder of mr. khashoggi in the saudi embassy. and look at what donald trump has said about that. he may be the only person in the western world who continues to defend the saudi government against the charge that they

murdered this west reporter. "washington post" reporter. there are many other instances in which he has bent over backwards to help russia, to help china when he's fighting with all of them but he's also taking unusual positions. the point of the emoluments clauses is to ensure that the president puts our interests first, not his own interests first. >> but his team, the president's team has said that the activities that you're suing for aren't emoluments but regular business transactions and that profits from foreign governments are donated to the u.s. treasury. what's your response to that? >> ooh he's trying to negotiate the terms of the emoluments clauses. the constitution of the united states is not negotiable. he would like to avoid disclosing what he's receiving and how much he's profiting, and the fact that he's getting payments is what will makes him in violation of the emoluments clauses.

>> you also filed a motion challenging trump as appointment of matthew whitaker as acting u.s. attorney general. you say sessions resignation should have led to rod rosenstein becoming the attorney general. can you give us an update on your suit? >> we filed that motion in a separate lawsuit in which we're defending the affordable care act. we're arguing it's constitutional and the justice department has refused to defend it. and so who the attorney general is is extremely important. in that lawsuit, we filed a motion because we sued jeff sessions as the attorney general. he's no longer the attorney general. there's no dispute about that. but the proper person has to be named in that lawsuit. we filed a motion to do that and to enjoin matt whitaker who is not lawfully the attorney general from carrying out that role. there will be a hearing on that motion on december 1th in

federal court in baltimore. >> it does seem to be an unusual appointment. do you think whitaker was appointed to try to curtail the mueller investigation, brian? >> well, there's certainly that possibility. and we know that he is very unlikely to pass muster in front of the u.s. senate. his qualifications are very thin. he's expressed really extreme views about settled law. marbury versus madison is the seminal case on the power of the judiciary in the united states. the united states, and he argues that this 240-year-old case was wrongly decided. it's been the foundation of american law since the constitution was written. >> he can only legally do it unless appointed, unless he goes to the process for 200 some odd days, right? >> yeah. heeled have to be nominated to be the attorney general and receive senate confirmation.

>> so now what, brian? do you think the lawsuit will go through. he's already served a number of days and the clock is running out. >> yes, we'll have a hearing in a couple of weeks. we expect the judge to make a quick decision. but this man is not legally holding the office and he's not qualified to hold the office. >> thank you for your time. we'll be right back. you'll make my morning, buty the price ruin my day.ou? complicated relationship with milk? pour on the lactaid, 100% real milk, just without that annoying lactose. mmm, that's good.

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♪ live pictures from houston where the body of president george herbert walker bush lies in repose right now at the bush family church. >> the best father a son or daughter could have. >> raw emotion as america's 43rd president eulogizes his father with another church service hours away. the trump white house faces more opposition after the murder of "the washington post" journalist. and why